Effective Date: August 2nd, 2025
The following Terms and Conditions (“Agreement”) govern the services provided by Mendieta Air Conditioning Services Limited (“we,” “our,” “us”) to customers (“you,” “your”). By engaging our services, you agree to the terms outlined herein. These terms apply to all installations, service calls, and projects, unless otherwise specified in a signed contract or agreement.
1. Definitions
- “Client,” “Customer,” or “You”: Any individual or entity receiving services from Mendieta Air Conditioning Services Limited.
- “Work” or “Services”: Any HVAC-related installation, maintenance, repair, inspection, or consultation.
- “Agreement”: Any signed contract, estimate, quote, or work order between Mendieta Air Conditioning Services Limited and the customer.
- “Site”: The location where services are to be rendered.
- “External factors”: Situations beyond the control of either party, including regulatory delays, severe weather, supply shortages, etc.
2. Approval of Estimates
All estimates must be approved prior to scheduling or initiating work. Approval may be provided via:
- A written or digital signature, or
- Verbal confirmation through an official phone line of Mendieta Air Conditioning Services Limited, which may be recorded or documented.
3. Residential Installations
3.1 Deposit: A 50% refundable deposit is required prior to initiating any work, including administrative steps like strata documentation.
Exceptions: In certain cases, a lower deposit may be agreed upon in writing. Exceptions do not apply to service calls.
3.2 Refund of Deposit: If the project is canceled due to external factors (e.g., strata denial), the full deposit will be refunded. Transaction fees charged by payment processors may be deducted. Cancellations without external justification incur a 10% cancellation fee.
3.3 Final Payment: The remaining 50% is due upon completion of installation. Delays due to inspections or third parties do not affect payment terms. Additional work caused by such delays will be handled under warranty where applicable.
3.4 Financing: If financing is approved, the deposit requirement is waived and payments follow the financing agreement.
3.5 Late Payments: Overdue balances are subject to 2% monthly interest (24% APR). Legal action may be pursued at our discretion.
4. Commercial Installations and Large Projects
4.1 Deposit and Payment Terms: A 50% deposit is generally required. However, custom terms may be negotiated depending on project size and scope. In such cases:
- A written payment schedule and execution calendar must be signed before starting work.
- NET terms must be explicitly included in the signed contract.
- These terms do not apply to service calls.
4.2 Credit Terms: Qualified commercial clients may be eligible for Net 30 terms, subject to approval.
4.3 Late Payments: Late balances incur a 2% monthly interest charge (24% APR). Legal recovery may follow.
5. Service Calls
5.1 Payment Terms: Payment for service calls is due immediately upon completion of work. A 24-hour grace period is provided to allow for payment. Failure to provide payment within the agreed period will result in a 2% monthly interest charge (24% APR).
5.2 Cancellations: For cancellations due to external factors, no cancellation fee will apply.
However, if specialized materials (not typically in stock) were acquired for the service, a charge may be applied at our discretion.
6. Warranty and Priority Service
6.1 Standard Warranty: We provide a 1-year labor warranty unless otherwise specified in the quote. Warranties may extend up to 12 years depending on the package.
6.2 Manufacturer’s Warranty: Applicable product warranties are honored under the manufacturer’s terms.
6.3 Priority Service: Warranty-related work delayed by external factors will be prioritized.
7. Changes to Scope of Work
Changes to the agreed scope after project commencement must be authorized in writing. Any additional work will incur extra charges approved beforehand.
8. Access to Job Site
Failure to provide timely access (e.g., missed appointment, locked premises) may result in additional charges. No charge applies if access is restricted due to external uncontrollable factors.
9. Customer Responsibilities
Customers are responsible for obtaining all necessary approvals (e.g., strata), permits, and documentation.
Mendieta Air Conditioning Services Limited may manage the application and processing of gas, mechanical, electrical, and building permits.
10. Material and Supply Delays
Delays in material or equipment beyond our control will be communicated. These delays do not affect payment schedules. Rescheduling and associated costs may be required.
11. Cancellations
11.1 Residential Installations: Full refund applies for cancellations due to external factors. Otherwise, a 10% cancellation fee applies.
11.2 Service Calls: No fee for valid external cancellations. Fees may apply for materials specially ordered.
12. Refund Policy
Refunds may be granted when services do not meet the terms outlined in the signed estimate or contract. Refunds will not be issued for dissatisfaction with work that met agreed specifications.
13. Payment Methods
We accept cheque, ETF, e-transfer, and credit card. Credit terms for commercial clients apply if approved.
14. Legal Action for Non-Payment
Mendieta Air Conditioning Services Limited reserves the right to pursue legal action for failure to make payments as agreed in the contract. This includes but is not limited to the pursuit of outstanding balances, applicable interest, and any associated legal fees.
15. Force Majeure
Mendieta Air Conditioning Services Limited shall not be liable for failure to perform due to force majeure events such as natural disasters, labor strikes, regulatory delays, or supply chain disruptions. Timelines may be revised accordingly.
16. Dispute Resolution
Any disputes arising out of or relating to this agreement shall first be attempted to be resolved through good-faith negotiation between both parties.
If negotiation does not lead to resolution within a reasonable timeframe, the dispute shall be submitted to binding arbitration in accordance with the laws of British Columbia.
Mendieta Air Conditioning Services Limited also reserves the right to pursue legal action if arbitration is deemed inappropriate due to the nature or urgency of the dispute, especially in matters involving non-payment or breach of contract.
17. Limitation of Liability
Mendieta Air Conditioning Services Limited shall not be liable for indirect, incidental, or consequential damages. Total liability is limited to the amount paid for the specific service unless otherwise required by law.
18. Subcontracting
Mendieta Air Conditioning Services Limited reserves the right to engage qualified subcontractors or third-party professionals to carry out part or all of the services required. Subcontracting may be necessary for reasons including but not limited to scheduling efficiency, technical specialization, or geographical logistics.
All subcontractors are selected based on their professional credentials, licensing, insurance compliance, and adherence to local safety and regulatory standards.
Although subcontractors may execute specific tasks, Mendieta Air Conditioning Services Limited remains fully responsible for the quality, oversight, and delivery of the contracted services. Any concerns regarding subcontracted work must be reported directly to us, and we will manage any necessary follow-up, corrections, or warranty claims in accordance with these Terms.
20. Intellectual Property
All technical documentation, designs, or reports produced by Mendieta Air Conditioning Services Limited remain our intellectual property and may not be used or shared without prior consent.
21. Data Privacy and Call Recording
By engaging our services, you agree to our Privacy Policy, which includes:
- Call recordings for quality assurance and verification
- Use of contact details for appointment coordination and promotional updates
- Compliance with privacy laws in British Columbia and Canada
22. Termination of Services
We reserve the right to terminate the agreement if:
- Payment terms are not met
- Access is repeatedly denied
- Unsafe or illegal conditions exist
- The customer breaches contractual obligations
A final invoice will be issued and processed per refund terms in Section 12.
